Permanent retention of fixed (not rotated) Spanish polytunnels for use in soft fruit growing (table top method), granted temporary planning permission respectively on 29/10/2003 and 09/03/2004, (expiring on 29/10/2009 and 09/02/2011 respectively) under LPA refs: DCCW2003/2321/F & DCW2004/4212/F.

Permanent retention of fixed (not rotated) Spanish polytunnels for use in soft fruit growing (table top method), granted temporary planning permission respectively on 29/10/2003 and 09/03/2004, (expiring on 29/10/2009 and 09/02/2011 respectively) under LPA refs: DCCW2003/2321/F & DCW2004/4212/F.

 

The Central Team Leader gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided as follows:

§               An amended plan, deleting one additional row of polytunnels adjacent to Pyon House and including planting of oak trees along the southern side of the driveway to Pyon House, had been received.

§               The applicant’s agent had confirmed that the Landscape and Visual Impact Assessment [LVIA] had been updated from the previous submission and addressed the points raised by the Landscape Officer.

§               Two further letters of support and one further letter of objection had been received.

 

Officer comments were also provided as follows:

§               Comparison with the submitted plan and the amended plan showed minor variations with the exception of the area adjacent to Pyon House where the second polytunnel was now removed.

§               The updated LVIA did take account of the unregistered park and garden and the landscape mitigation had been updated accordingly.

§               The additional letters of support and objection did not raise any new issues.

 

In accordance with the criteria for public speaking, Mr. Preece spoke on behalf of Pyons Group Parish Council, Ms. O’Neill spoke in objection to the application and Mrs. Phillips and Mr. Aspbury spoke in support of the application.

 

Councillor AJM Blackshaw, the Local Ward Member, expressed sympathy with the concerns of the owner of Pyon House and the remarks of Withington Parish Council.  He also noted the importance of agriculture to the local economy.  In response to a question, the Central Team Leader advised that a minimum height of 10’ for the oak trees could be achieved. 

 

Councillor Blackshaw commented on a number of matters raised in the report, the principal points included:

·               It was noted that Unitary Development Plan policies E13 (Agricultural and Forestry Development) and LA4 (Protection of Historic Parks and Gardens) were of particular relevance to this proposal.

·               The scheme for habitat enhancement and management, including the oak tree planting, should address some of the concerns of the Hereford & Worcester Gardens Trust.

·               It was noted that there had been a recent traffic accident on the A4110. 

The Central Team Leader commented on the survey process and said that there was no evidence of any major accidents on the part of the road near to the site.  He also advised that both access routes were used by the operation.

·               Attention was drawn to the comments of the Conservation Manager (Landscape), particularly that ‘the landscape has the capacity to accommodate the degree of change presented by the proposed development’ and that, whilst it could be considered that there might be a conflict with policy LA4, ‘attaching a condition requiring the preparation and delivery of a management strategy, in conjunction with a landscaping scheme and management plan, which addresses the historic environment will be sufficient and reasonable in this case’.  It was noted that recommended condition 4 would cover this matter.

·               Referring to the comments of the Conservation Manager (Ecology), it was noted that recommended condition 7 would ensure that a scheme for habitat enhancement and management was implemented.

·               The removal of an additional row of polytunnels and the landscaping scheme should mitigate some of the impact on Pyon House.

·               It was noted that the Supplementary Planning Document - Polytunnels sought to limit polytunnels within 30 metres of the boundary of residential property and 50 metres of any dwelling whichever was the greater.  In this case, the polytunnels were beyond 50 metres from Pyon House but were within 30 metres of the boundary.  It was considered that, given the previous appeal decision and subject to the recommended conditions, the development was acceptable.  The importance of condition 9, to require the sides of the polytunnels to be lowered during spraying, was highlighted.

·               It was noted that it was necessary to weigh against the harm to the landscape the benefits of the use of polytunnels.  The contributions of polytunnels to the viability of the agricultural sector and to the local economy were acknowledged.

·               Councillor Blackshaw welcomed the late concessions by the applicant and commented on the need to involve the local community in ongoing discussions, particularly in respect of the landscaping scheme and management plan.  He supported the officer recommendation and noted the need for strict adherence to the conditions.

 

Councillor DW Greenow commented that the planting would provide the start of a good break but would need to be maintained to ensure that there was no obstruction to the public bridleway.

 

Councillor RI Matthews expressed sympathy for the occupants of Pyon House and questioned whether anything else could be done to alleviate the impact of the development.  In response, the Central Team Leader said that the application was considered acceptable and the scheme had been enhanced further by the removal of a row of polytunnels and the additional landscaping.

 

Councillor DJ Benjamin said that he could not support permanent planning permission given the impact on the character of the area, expressed reservations about the access arrangements and said that the area where polytunnels were to be removed should never have been covered in any case.

 

In response to questions from Councillor AM Toon, the Central Team Leader advised that the conditions would require that the polythene be removed between November and February, explained that the Inspector considered that there was no significant harm caused by the polytunnels adjacent to the boundary of Pyon House, and outlined the distances involved.  The Development Control Manager advised that weight was given to the guidance in the SPD - Polytunnels but, on balance and in the context of the previous appeal decision, officers considered a temporary planning permission to be acceptable in this instance.  The Central Team Leader confirmed that temporary planning permission of ten years was recommended.

 

RESOLVED:

 

That planning permission be granted subject to the following conditions:

 

1.      F20 Temporary permission and reinstatement of land.

 

2.      G10 Landscaping scheme.

 

3.      G11 Landscaping scheme - implementation.

 

4.      G14 Landscape management plan.

 

5.      G02 Retention of trees and hedgerows.

 

6.      In the event of the polytunnels hereby permitted becoming redundant for the growing of soft fruit the polytunnels including support structure and tables shall be permanently removed from the application site within a period of six months.

 

Reason: To ensure the removal of the redundant structures in accordance with Policy LA4 of the Herefordshire Unitary Development Plan.

 

7.      Within three months of the granting of planning permission, a scheme for habitat enhancement and management, including all adjacent hedgerows and the Wellington Brook shall be submitted to the local planning authority for written approval.  The scheme shall be implemented as approved.

 

Reason: To comply with Herefordshire Council’s Unitary Development Plan Policies NC6, NC8 and NC9 in relation to Nature Conservation and Biodiversity Action Plan Habitats and to meet the requirements of PPS9 Biodiversity and Geological Conservation and the NERC Act 2006.

 

8.      None of the polytunnels hereby permitted shall be covered with polythene from November until December in any calendar year nor during the months of January and February in any calendar year unless otherwise agreed in writing by the local planning authority.

 

Reason: To ensure that the visual impact of the development hereby permitted is limited to the growing period in accordance with Policy LA2 of the Herefordshire Unitary Development Plan.

 

9.      When spraying takes place the sides of the polytunnels shall be lowered to the floor.

 

Reason: In the interest of amenity of the area and adjoining residents in accordance with Policy DR4 of the Herefordshire Unitary Development Plan.

 

10.    The open area adjacent to the eastern boundary of Pyon House as indicated on the attached plan and coloured green shall be retained as a buffer zone and kept free from associated storage, vehicular accesses or other activities connected with the operation of the polytunnel development.

 

Reason: In the interest of amenity of the area and adjoining residents in accordance with Policy DR4 of the Herefordshire Unitary Development Plan and SPD Polytunnels.

 

11.    The open areas either side of the driveway to Pyon House as indicated in blue on the attached plan shall be retained as a buffer zone and kept free of associated storage with the polytunnel development.

 

Reason: In the interest of amenity of the area and adjoining residents in accordance with Policy DR4 of the Herefordshire Unitary Development Plan and SPD Polytunnels.

 

12.    The enhanced landscaping of the driveway to Pyon House through the Polytunnels as identified on the amended layout plan number 1275/06 rev F shall provide for an avenue of Oak Trees planted at a minimum height of 3m.

 

Reason: In the interest of amenity of the area and adjoining residents in accordance with Policy DR4 of the Herefordshire Unitary Development Plan.

 

Informatives:

 

1.      N19 Avoidance of doubt - Approved Plans.

 

2.      N15 Reason(s) for the Grant of PP/LBC/CAC.